Dean, Boswell and Smith: Deliberative systems design

A post on the LSE website by Rikki Dean, John Boswell, and Graham Smith introducing a recent paper of theirs is a very useful and provocative piece.

One example of the post’s value is its ability to describe the systemic and inherent problems that are involved in the creation of a democratic process, seemingly without either using those problems manipulatively as a way to justify the oligarchical character of the existing system or falling back on the cliched feel-good formulas of leadership, participation, empowerment, etc.:

In our recent paper in Political Studies, we take a pioneering case of such a systems-oriented approach to democratic innovation – the NHS Citizen initiative – and explore how it played out in practice. Did this approach mitigate the aforementioned perennial problems of institutionalisation? And did it create new problems?

NHS Citizen was a participatory initiative launched by the appointed Executive Board of NHS England. Echoing the systemic emphasis on the distribution of functions across settings, the eventual design consisted of several interacting parts categorised into three broad stages – called Discover, Gather and Assembly – each of which had its own function.

There was initial enthusiasm both from participants and from the Board for this exciting new form of innovation. However, over time, a series of obstacles emerged, and the initiative for all intents and purposes shut down less than three years into its run. The way the process developed over the period demonstrated the ever-present difficulty for participatory organisation to connect both with public space and empowered space.

For the first Assembly, the agenda-setting process was not fully operational, meaning the Assembly dealt with issues that largely reflected the Board’s concerns. The Board were very positive about this first Assembly. Once Gather was better established, it genuinely did shift the agenda so that is was more reflective of civil society concerns. However, this culminated in the Board losing faith in NHS Citizen and choking off funding for the process. In addition, an unanticipated effect of the separation into different parts was that some of the participants in the earlier stages were unhappy about being prevented from taking part in the Assembly, which planned to use random selection. Their rebellion in the end forced a change to the selection mechanism for the Assembly. NHS Citizen thus pioneered some promising practices for better connecting deliberative assemblies to civil society, but this was at the cost of institutionalising some irresolvable tensions.

The first meeting of the Citizens’ Assembly of Scotland takes place this weekend

Gareth Jones writes in Third Force News:

A new era for democracy in Scotland is set to begin this weekend

The first meeting of the Citizens’ Assembly of Scotland is being held this weekend (26 and 27 October), with 100 people taking part in a unique project that will help shape Scotland’s constitutional future.

The assembly, convened by David Martin and Kate Wimpress, has recruited people from across Scotland who are representative of the wider public as a whole to consider three key questions for the nation.

These are: What kind of country are we seeking to build?; How can we best overcome the challenges the challenges that Scotland and the world faces, including those arising from Brexit?; and What further work should be carried out to give people the detail they need to make informed choices about the future of the country?

The members were recruited through a process of random selection to broadly reflect the adult population of Scotland in terms of geography, age, gender, ethnic group, educational qualifications, limiting long term conditions/disability and political attitudes towards Scottish independence, the UK’s membership of the EU and Scottish Parliament voting preferences.
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First German National Citizens’ Assembly on DemoPart: the Rise of the “Alloted Citizen”

On September 28 in Leipzig, “Phase 2” of the first ever German citizens’ assembly “Bürgerrat Demokratie” concluded its second and last weekend of deliberation on whether and how to “complete or improve [ergänzen]” Germany’s representative democracy “with elements of direct democracy or citizen participation.” On November 15, a day dubbed “Tag für die Demokratie,” the 160 participants, together with 100s more from the “regional conferences” from Phase 1, will ceremoniously present their recommendations to the President of the Bundestag, Dr Wolfgang Schäuble. I was present in Leipzig on all four days of the assembly as observer along with a few researchers, journalists, and an evaluation team from Goethe University’s “Democracy Innovation” lab. A camera crew filmed the entire event, including the small group discussion at one of the tables. The documentary will be released sometime in 2020.

This was a civil society initiative prompted by the “Grand Coalition” [GroKo] agreement between the SPD and CDU/CSU. Article 13 (pg 136) of that agreement includes a promise to research (via an expert commission) the possibility that “our precious representative parliamentary democracy could be completed with elements of direct democracy or citizen participation.” Nearly two years later, that expert commission has still not even begun to materialize. Seizing the opportunity, a civil society initiative called Mehr Demokratie (more democracy) raised money and organized this even in “four phases” with the help of two institutes that run participatory fora for local and regional governments and organizations: Nexus and Ifok. Of high interest to “sortinistas” will be this brochure about “Losverfahren” (procedure by lot) also handed out to the participants last Saturday at the end of the assembly.
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Interview with Yves Sintomer, part 2 of 2: With sortition, the scale is immaterial

This is the second part of a translation of an interview with Yves Syntomer. The first part is here, the original in French is here.

Does the end of the 20th century mark the return of a desire to experiment with sortition?

We witnessed in the 1980’s and 1990’s an explosion of experiments applying sortition, a “first wave” where the reference to Athens was very significant. There are however big differences. We aim to obtain a representative sample of the population by allotment, where the Athenians did not have this mathematical notion and resorted to pure luck. The second big difference is that we wish to use sortition to create an Assembly which is going to debate in nearly ideal conditions, following the ideas of ­Jürgen ­Habermas, according to which a decision is not legitimate unless it is preceded by a well-formed discussion.

The third difference is that sortition is introduced at the margins of the political system and that the mini-publics so constituted are merely consultative. This first wave allowed to show that with discussions among ordinary citizens, non-specialists, once they have sufficient information and have the opportunities to examine things, where opportunity to speak has been equally apportioned, in a general assembly or in small groups, high-quality conversation is attained. It is impressive to see that the exchanges between ordinary citizens put to shame those that take place in parliaments.

We are now seeing the emergence of a second wave. Sortition is now invoked by social movements in France, including Nuit Debout and some among the Gilets Jaunes. Ireland has recently offered us a paradigmatic example of this second wave. We had two allotted assemblies (one in its entirety, the other in its majority) convened first to discuss marriage for all and then abortion and to propose constitutional reforms which were then submitted to the people who have ratified those propositions by referenda.

Iceland is another significant example. The country was in a bad state at the moment of the subprime crisis… Two citizen assemblies were allotted (one in its entirety, the other in its majority) in order to propose how to reconstruct the country. That was followed by an election of a constituante committee where professional politicians could not be members, a proposal of a new constitution, a validation of the proposal by a consultative referendum… It was finally buried by an obstruction by a majority in Parliament, which refused to adopt the text.

It may be objected that those are two small countries…

With sortition, the scale is immaterial: it may be used at the level of a city or a country in quite similar ways.
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A first article is published by BIRDS

Bard Institute for the Revival of Democracy through Sortition (BIRDS) was recently founded by Jonas Kunz and Hans Kern.

Kunz and Kern have now published a lengthy article in which they offer sortition as a tool for taking action on climate change:

Sortition: The Key to Globally Coordinated Climate Change Action?

Climate change by human industry (anthropogenic warming) has been known to scientists at the highest levels within the U.S. government, at least since 1979. That year, the ‘Charney Report’ — Carbon Dioxide and Climate: A Scientific Assessment — presented the research of nine atmospheric, meteorological and oceanographic scientists convened at Woods Hole Institute, to the National Research Council. The introduction to this report by Werner E. Suomi pronounces: “If carbon dioxide continues to increase, the study group finds no reason to doubt that climate changes will result and no reason to believe that these changes will be negligible. The conclusions of prior studies have been generally reaffirmed. …[“]

[Natheniel Rich writes in a New York Times article:] “in the decade that ran from 1979 to 1989, we had an excellent opportunity to solve the climate crisis. The world’s major powers came within several signatures of endorsing a binding, global framework to reduce carbon emissions.” To arrive at a clear understanding of what went wrong, we must first do away with the common misconception that big industry is and always has been the main culprit. In fact, as the article reveals, the oil industry was the first, to take due diligence measures, on the dangers of climate change and was preparing to adapt to policy changes. The policy changes, however, never came. Resistance did not come from the outside, it came from within the political structures themselves.

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On what the Council of 500 did and did not do

By Mirko Canevaro

[Editor’s note: this post is a response to comments on the post Athenian Constitutionalism: Nomothesia and the Graphe Nomon Me Epitedeion Theina and should be read together with the original article.]

There is a need to distinguish between decree-making and law-making (nomothesia). In decree-making, roughly 50% of fourth-century decrees found on stone are decrees of the Council (probouleumatic) ratified by the Assembly without discussion (unanimously). The other 50% were proposed directly in the Assembly, either because the Council enacted an ‘open probouleuma’ (invitation to discussion but with no actual proposal), or because the proposal of the Council had failed to be ratified in the Assembly.

I, for one, don’t see the Council as an ‘administrative magistracy’. Alberto Esu has a great chapter forthcoming showing just how important the Council was in ‘deliberating’, and how it actually had vast powers of decision on its own. And Ober, in Democracy and Knowledge, has made a powerful argument for the role of the Council in collecting and synthesising diffused knowledge through deliberation. (See also my piece on majority rule and consensus, about how many decrees were enacted by the Assembly without the debate, on the force of the deliberation that had been carried out in the Council, with the evidence for it. I argue that deliberation was possible and went on as a matter of course – the paper is controversial, but some have already agreed, e.g. Ober, Luraghi, Harris, even Hansen, and we don’t agree on much else… Let’s see how the debate proceeds.) It was not that central in nomothesia, but it was very central in decree-making, as a proper deliberative body.
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Thought Piece: Sharing Sortition With Some Soul

In a new essay, Sharing Sortition With Some Soul, Adam Cronkright and Simon Pek suggest we can make lot/sortition more accessible and appealing through savvy and emotive communication. Their goal to stimulate thought and debate, and also to start a practical conversation about framing and messaging to incorporate relevant insights from the well-developed art and science of persuasive communication into the Sortition Space.

Introduction

All of us in the Sortition Space, from the organizations in Democracy R&D to the regular readers of Equality by Lot, are passionate about sortition and hopeful that it can empower everyday people and deepen democracy. The last decade has seen exciting advances on this front: mini-publics are on the rise, as are related books and articles, and we are connecting and collaborating with each other more than ever. But although we have grown and moved in from the fringe, we are still quite small and sortition is still quite marginal. And this should surprise us, especially given how desperate our societies seem for anything that could right the sinking ship of traditional electoral politics.

Political crises ripple through our countries and trust in government tanks, yet almost 50 years after its resurrection few people have even heard of sortition. Demagogues rise a wave of democratic disenchantment, yet few people who have heard of it seriously consider sortition. And we promote our cause everywhere from dinner parties to democracy conferences, yet few of our listeners seem to care about sortition. Some are surprisingly skeptical (given such frustration with the status quo), while others seem to find our case convincing but not compelling. 
But sortition is important and inspiring, so where are we going wrong?

In this short essay, drawing on research on political communication, we suggest that the primary stumbling blocks are an affinity to language that doesn’t always fit our audiences, and a lack of skill and comfort with persuasion—especially in the realm of emotion. We argue that the latter is likely due to our deep predisposition toward rational and objective communication. As illustrative examples, we offer concrete ways to overcome these challenges, juxtaposed with typical sortition speech. And we conclude with an invitation for others to join us in developing a suite of recommendations to make our messaging about sortition more captivating and memorable.

View or download the full essay with the following link (note: if you get a popup window that asks you to sign in or create an account, just click the ‘x’ in the upper right corner or “No thanks, continue to view” at the bottom). Link: Sharing Sortition With Some Soul (PDF)

If there is interest, they will follow-up with a future post suggesting ways to organize a larger conversation/collaboration.

Post Image: Randomly-selected participants in a debate run by Missions Publiques (France) 
© Rebecca Cosquéric.